Contact: Donna Gilson 608-224-5130
MADISON – A Cumberland man pleaded no contest and was found guilty Tuesday of violating Wisconsin’s premises registration law, after being granted a new trial in Polk County Circuit Court.
Patrick Monchilovich, 39, declined the court’s offer to allow him to register his premises rather than pay a $390 penalty, and reserved his right to appeal.
Monchilovich had been found guilty in October 2009 of refusing to register his premises in a trial before Judge Molly GaleWyrick, and ordered to pay a $200 civil forfeiture and about $190 in court costs. In May he was granted a retrial, set for Aug. 24.
In June, his attorney, Anthony Berg of Cumberland, filed a motion to dismiss the charge. Berg argued that the federal National Animal Identification System, or NAIS, made livestock premises registration voluntary and preempted Wisconsin’s law that requires registration. However, the U.S. Department of Agriculture filed an affidavit with the court, stating that NAIS was never mandated by federal statute or regulations. Judge GaleWyrick denied the motion and opened the trial Tuesday; Monchilovich then pleaded no contest and was found guilty.
“The vast majority of Wisconsin’s livestock producers have registered their premises – about 60,000 to date,” State Veterinarian Dr. Robert Ehlenfeldt said. “We have a minority who have not registered – whether for religious reasons, anti-government sentiment, or whatever other reason.
“But this law came about because our animal agriculture producers asked for it. It’s about protecting animal health. It’s about protecting both individual farmers’ bottom lines and our state’s economy. And sometimes, it’s about protecting human health, too. To minimize harm, we need to be able to locate livestock and respond fast when there is a disease outbreak in an area. Premises registration is an important tool for doing that. Our goal in pursuing these cases is to get farmers registered, not to punish them.”
The premises registration law took effect in November 2005. It requires that any location where livestock are kept be registered in a central database and assigned a number. The registration lists what types of livestock are on the premises, so that owners of susceptible animals can be contacted quickly if there is a disease outbreak. Registration is free and confidential, and can be done online, on paper or over the phone in just a few minutes.
Monchilovich’s case began when he was first contacted by telephone in April 2008 to inform him that he needed to register his premises, on which he was keeping cattle. He declined. An animal health inspector visited him later that month, and he still refused to register. In May 2008, he refused delivery of a certified warning letter, which was then hand-delivered to him during a final visit by the inspector and a compliance specialist in June 2008. That led to the October 2009 trial.
